Wednesday, 13 April 2016

How many counter cases may be filed?

How many counter cases may be filed?

Section 120B of IPC = Punishment of
criminal conspiracy

1. Whoever is a party to a criminal
conspiracy to commit an offence punishable with death, 2[imprisonment for life]
or rigorous imprisonment for a term of two years or upwards, shall, where no
express provision is made in this Code for the punishment of such a conspiracy,
be punished in the same manner as if he had abetted such offence.

2. Whoever is a party to a criminal
conspiracy other than a criminal conspiracy to commit an offence punishable as
aforesaid shall be punished with imprisonment of either description for a term
not exceeding six months, or with fine or with both.]

Section 182 of IPC = False information

False information, with intent to cause
public servant to use his lawful power to the injury of another person.—Whoever
gives to any public servant any information which he knows or believes to be
false, intending thereby to cause, or knowing it to be likely that he will
thereby cause, such public servant—

(a) to do or omit
anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him, or

(b) to use the lawful
power of such public servant to the injury or annoyance of any person, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.

Section 191 of IPC = Giving false
evidence

Whoever, being legally bound by an oath
or by an express provision of law to state the truth, or being bound by law to
make a declaration upon any subject, makes any statement which is false, and
which he either knows or believes to be false or does not believe to be true,
is said to give false evidence.

Section 192 of IPC = Fabricating false
evidence

Whoever causes any circumstance to exist
or 1[makes any false entry in any book or record or Electronic Record, or makes
any document or Electronic Rercord containing a false statement], intending
that such circumstance, false entry or false statement may appear in evidence
in a judicial proceeding, or in a proceeding taken by law before a public
servant as such, or before an arbitrator, and that such circumstance, false
entry or false statement, so appearing in evidence, may cause any person who in
such proceeding is to form an opinion upon the evidence, to entertain an
erroneous opinion touching any point material to the result of such proceeding,
is sa“to fabricate false evidence”.

Section 193 of IPC = Punishment for
false evidence

Whoever intentionally gives false
evidence in any stage of a judicial proceeding, or fabricates false evidence
for the purpose of being used in any stage of a judicial proceeding, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine,

and whoever intentionally gives or
fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.

Section 195A of IPC = Threatening any
person to give false evidence

Whoever threatens another with any
injury to his person, reputation or property or to the person or reputation of
any one in whom that person is interested, with intent to cause that person to
give false evidence shall be punished with imprisonment of either description
for a term which may extend to seven years, or with fine, or with both;

and if innocent person is convicted and
sentenced in consequence of such false evidence, with death or imprisonment for
more than seven years, the person who threatens shall be punished with the same
punishment and sentence in the same manner and to the same extent such innocent
person is punished and sentenced.]

Section 196 of IPC = Using evidence
known to be false

Whoever corruptly uses or attempts to
use as true or genuine evidence any evidence which he knows to be false or
fabricated, shall be punished in the same manner as if he gave or fabricated
false evidence.

Section 197 of IPC = Issuing or signing
false certificate

Whoever issues or signs any certificate
required by law to be given or signed, or relating to any fact of which such
certificate is by law admissible in evidence, knowing or believing that such
certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.

Section 198 of IPC = Using as true a
certificate known to be false

Whoever corruptly uses or attempts to
use any such certificate as a true certificate, knowing the same to be false in
any material point, shall be punished in the same manner as if he gave false
evidence.

Section 199 of IPC = False statement
made in declaration which is by law receivable as evidence

Whoever, in any declaration made or
subscribed by him, which declaration any Court of Justice, or any public
servant or other person, is bound or authorized by law to receive as evidence
of any fact, makes any statement which is false, and which he either knows or
believes to be false or does not believe to be true, touching any point
material to the object for which the declaration is made or used, shall be
punished in the same manner as if he gave false evidence.

Section 200 of IPC = Using as true such
declaration knowing it to be false

Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material
point, shall be punished in the same manner as if he gave false evidence.

Explanation

A declaration which is inadmissible
merely upon the ground of some informality, is a declaration within the meaning
of sections 199 to 200.

Whoever, knowing or having reason to
believe that an offence has been committed, causes any evidence of the
commission of that offence to disappear, with the intention of screening the
offend­er from legal punishment, or with that intention gives any infor­mation
respecting the offence which he knows or believes to be false;

if a capital offence.—shall, if the
offence which he knows or believes to have been committed is punishable with
death, be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for
life.—and if the offence is punishable with 1[imprisonment for life], or with
imprisonment which may extend to ten years, shall be punished with imprison­ment
of either description for a term which may extend to three years, and shall
also be liable to fine;

if punishable with less than ten years’
imprisonment.—and if the offence is punishable with imprisonment for any term
not extend­ing to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend to one-fourth
part of the longest term of the imprisonment pro­vided for the offence, or with
fine, or with both.

Illustration

A, knowing that B has murdered Z,
assists B to hide the body with the intention of screening B from punishment. A
is liable to imprisonment of either description for seven years, and also to
fine.

Whoever, knowing or having reason to
believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine, or with both.

Whoever knowing or having reason to
believe that an offence has been committed, gives any information respecting
that offence which he knows or believes to be false, shall be punished with
imprisonment of either description for a term which may extend to two year, or
with fine, or with both.

1[Explanation.—In sections 201 and 202
and in this section the word “offence”, includes any act committed at any place
out of 2[India], which, if committed in 2[India], would be punishable under any
of the following sections, namely, 302, 304, 382, 392 393, 394, 395, 396, 397,
398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]

Section 204 of IPC = Destruction of
document or electronic record to prevent its production as sevidence

Destruction of 1[document or electronic
record] to prevent its production as sevidence.— Whoever secretes or destroys
any 1[document or Electronic Record] which he may be lawfully compelled to
produce as evidence in a Court of Justice, or in any proceeding lawfully held before
a public servant, as such, or obliterates or renders illegible the whole or any
part of such 1[document or Electronic Record] with the intention of preventing
the same from being produced or used as evidence before such Court or public
servant as aforesaid, or after he shall have been lawfully summoned or required
to produce the same for that purpose, shall be punishable with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.

Section 205 of IPC = False personation
for purpose of act or proceeding in suit or prosecution

Whoever falsely personates another, and
in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or
does any other act in any suit or criminal prosecution, shall be punished with
imprisonment of either description for a term which may extend to three years
or with fine, or with both.

Section 209 of IPC = Dishonestly making
false claim in Court

Whoever fraudulently or dishonestly, or
with intent to injure or any person, makes in a Court of Justice any claim
which he knows to be false, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable
to fine.

Section 211 of IPC = False charge of
offence made with intent to injure

Whoever, with intent to cause injury to
any person, institutes or causes to be instituted any criminal proceeding
against that person, or falsely charges any person with having committed an
offence, knowing that there is no just or lawful ground for such proceeding or
charge against that person, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both; and if such criminal proceeding be instituted on a false charge of an
offence punishable with death 1[imprisonment for life], or imprisonment for
seven years or upwards, shall be punishable with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

Section 306 of IPC = Abetment of suicide

If any person commits suicide, whoever
abets the commission of such suicide, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine.

Section 361 of IPC = Kidnapping from
lawful guardianship

Whoever takes or entices any minor under
1[sixteen] years of age if a male, or under 2[eighteen] years of age if a
female, or any person of unsound mind, out of the keeping of the lawful
guardian of such minor or person of unsound mind, without the consent of such
guardian, is said to kidnap such minor or person from lawful guardianship.

Explanation

The words “lawful guardian” in this
section include any person lawfully entrusted with the care or custody of such
minor or other person.

Exception

This section does not extend to the act
of any person who in good faith believes himself to be the father of an ille­gitimate
child, or who in good faith believes himself to be entitled to lawful custody
of such child, unless such act is committed for an immoral or unlawful purpose.

Section 378 of IPC = Theft

Whoever, intending to take dishonestly
any moveable property out of the possession of any person without that per­son’s
consent, moves that property in order to such taking, is said to commit theft.

Explanation 1

A thing so long as it is attached to the
earth, not being movable property, is not the subject of theft; but it becomes
capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2

A moving effected by the same act which
affects the severance may be a theft.

Explanation 3

A person is said to cause a thing to
move by removing an obstacle which prevented it from moving or by sepa­rating
it from any other thing, as well as by actually moving it.

Explanation 4

A person, who by any means causes an
animal to move, is said to move that animal, and to move everything which, in
consequence of the motion so caused, is moved by that animal.

Explanation 5

The consent mentioned in the definition
may be express or implied, and may be given either by the person in possession,
or by any person having for that purpose authority either express or implied.

Section 380 of IPC = Theft in dwelling
house, etc

Whoever commits theft in any building,
tent or vessel, which building, tent or vessel is used as a human dwelling, or
used for the custody of property, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

Section 381 of IPC = Theft by clerk or
servant of property in possession of master

Whoever, being a clerk or servant, or
being employed in the capacity of a clerk or servant, commits theft in respect
of any property in the possession of his master or employer, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

Section 382 of IPC = Theft after
preparation made for causing death, hurt or restraint in order to the
committing of the theft

Whoever commits theft, having made
preparation for causing death, or hurt, or restrain, or fear of death, or of
hurt, or of restraint, to any person, in order to the committing of such theft,
or in order to the effecting of his escape after the committing of such theft,
or in order to the retaining of property taken by such theft, shall be punished
with rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine.

Illustrations

(a) A commits theft on property in Z’s
possession; and, while committing this theft, he has a loaded pistol under his
garment, having provided this pistol for the purpose of hurting Z in case Z should
resist. A has committed the offence defined in this section.

(b) A picks Z’s pocket, having posted
several of his companions near him, in order that they may restrain Z, if Z
should perceive what is passing and should resist, or should attempt to apprehend
A. A has committed the offence defined in this section

Section 383 of IPC = Extortion

Whoever intentionally puts any person in
fear of any injury to that person, or to any other, and thereby dishonestly
induces the person so put in fear to deliver to any property or valuable
security, or anything signed or sealed which may be converted into a valuable
security, commits “extortion”.

Illustrations

(a) A threatens to publish a defamatory
libel concerning Z unless Z give him money. He thus induces Z to give him
money. A has committed extortion.

(b) A threatens Z that he will keep Z’s
child in wrongful confinement, unless Z will sign and deliver to A promissory
note binding Z to pay certain monies to A. Z signs and delivers the note. A has
committed extortion.

(c) A threatens to send club-men to
plough up Z’s field unless Z will sign and deliver to B bond binding Z under a
penalty to deliver certain produce to B, and thereby induces Z to sing and
deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous
hurt, dishonestly induces Z to sign or affix his seal to a blank paper and
deliver it to A. Z signs and delivers the paper to A. Here, as the paper so
signed may be converted into a valuable security. A has committed extortion.

Section 402 of IPC = Assembling for
purpose of committing dacoity

Whoever, at any time after the passing
of this Act, shall be one of five or more persons assembled for the purpose of
committing dacoity, shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.

Section 406 of IPC = Punishment for
criminal breach of trust

Whoever commits criminal breach of trust
shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

Section 463 of IPC = Forgery

1[Whoever makes any false documents or
false electronic record or part of a document or electronic record, with intent
to cause damage or injury], to the public or to any person, or to support any
claim or title, or to cause any person to part with property, or to enter into
any express or implied contract, or with intent to commit fraud or that fraud
may be committed, commits forgery.

Section 464 of IPC = Making a false
document

1[A person is said to make a false
document or false electronic record—

First—Who dishonestly or fradulently—

(a) makes, signs, seals or executes a
document or part of a document;

(b) makes or transmits any electronic
record or part of any electronic record;

(c) affixes any 3electronic signature on
any electronic record;

(d) makes any mark denoting the
execution of a document or the authenticity of the 3electronic signature,

with the intention of causing it to be
believed that such document or part of document, electronic record or
electronic signature was made, signed, sealed, executed, transmitted or affixed
by or by the authority of a person by whom or by whose authority he knows that
it was not made, signed, sealed, executed or affixed; or

Secondly—Who, without lawful authority,
dishonestly or fraudu­lently, by cancellation or otherwise, alters a document
or an electronic record in any material part thereof, after it has been made,
executed or affixed with 3electronic signature either by himself or by any
other person, whether such person be living or dead at the time of such
alteration; or

Thirdly—Who dishonestly or fraudulently
causes any person to sign, seal, execute or alter a document or an electronic
record or to affix his 3electronic signature on any electronic record knowing
that such person by reason of unsoundness of mind or intoxication cannot, or
that by reason of deception practised upon him, he does not know the contents
of the document or electronic record or the nature of the alteration.]

Section 465 of IPC = Punishment for
forgery

Whoever commits forgery shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

Section 466 of IPC = Forgery of record of
court or of public register, etc.

1[Whoever forges a document or an
electronic record], purporting to be a record or proceed­ing of or in a Court
of Justice, or a register of birth, baptism, marriage or burial, or a register
kept by a public servant as such, or a certificate or document purporting to be
made by a public servant in his official capacity, or an authority to institute
or defend a suit, or to take any proceedings therein, or to confess judgment,
or a power of attorney, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

1[Explanation

For the purposes of this section,
“register” includes any list, data or record of any entries maintained in the
electronic form as defined in clause (r) of sub-section (1) of section 2 of the
Information Technology Act, 2000.]

Section 468 of IPC = Forgery for purpose
of cheating

Whoever commits forgery, intending that
the 1[document or Electronic Record forged] shall be used for the purpose of
cheating, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

Section 469 of IPC = Forgery for purpose
of harming reputation

Whoever commits forgery, 1[intending
that the document or Electronic Record forged] shall harm the reputation of any
party, or knowing that it is likely to used for that purpose, shall be punished
with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.

Section 471 of IPC = Using as genuine a
forged document or electronic record

Using as genuine a forged 1[document or
electronic record].—Whoever fraudulently or dishonestly uses as genuine any
1[document or electronic record] which he knows or has reason to believe to be
a forged 1[document or electronic record], shall be punished in the same manner
as if he had forged such 1[document or electronic record].

Section 499 of IPC = Defamation

Whoever, by words either spoken or
intended to be read, or by signs or by visible representations, makes or
publishes any imputation concerning any person intending to harm, or knowing or
having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter expected, to defame that
person.

Explanation 1

It may amount to defamation to impute
anything to a deceased person, if the imputation would harm the reputation of
that person if living, and is intended to be hurtful to the feelings of his
family or other near relatives.

Explanation 2

It may amount to defamation to make an
imputation concerning a company or an association or collection of persons as
such.

Explanation 3

An imputation in the form of an
alternative or expressed ironically, may amount to defamation.

Explanation 4

No imputation is said to harm a person’s
reputa­tion, unless that imputation directly or indirectly, in the estimation
of others, lowers the moral or intellectual character of that person, or lowers
the character of that person in respect of his caste or of his calling, or
lowers the credit of that person, or causes it to be believed that the body of
that person is in a loathsome state, or in a state generally considered as
disgrace­ful.

Section 506 of IPC = Punishment for
criminal intimidation

Whoever commits, the offence of criminal
intimidation shall be punished with imprison­ment of either description for a
term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous
hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause
the destruction of any property by fire, or to cause an offence punishable with
death or 1[imprisonment for life], or with imprisonment for a term which may
extend to seven years, or to impute, unchastity to a woman, shall be punished
with imprison­ment of either description for a term which may extend to seven
years, or with fine, or with both.

Whoever commits the offence of criminal
intimidation by an anonymous communication, or having taken precaution to
conceal the name or abode of the person from whom the threat comes, shall be
punished with imprisonment of either description for a term which may extend to
two years, in addition to the punishment provided for the offence by the last
preceding section.